Friday, May 1, 2015

New Changes Affecting H1, H4, F1 and M1 visa holders

USCIS/DOS issues new guidelines which may affect H1, F1 and L1 Visa holders or their spouses:

1. H1B Visa Holder: Anytime H1B employee relocates to a new location and the standard DOL rule requires that company to file a new LCA, then the company should file this petition before relocating the employee to its new location. Previously the employee can move in different location and employer had an option to amend H1B application with new address.

So people who are on H1B visa and travel to different locations (which may require them to file LCA), may now have to wait for their employer to file the amended application before they can start working at new location.

It is not clear whether this is retroactive or if this ruling applies to new H1B amendments only. However this ruling can severely affect staffing agencies with lots of H1B employees.

2. H4 Visa Holder: There has been a lawsuit filed in federal court to stop H4 applicants to be able to apply for EAD. For those who are not familiar with this, please click here: http://blog.mygcvisa.com/2015/02/update-on-ead-for-h4-visa-holder.html

3. F2 and M2 Visa Holder: Spouses and children of F1 and M1 visa holders can now be allowed to register for a non-full work load of studies in any SEVP certified colleges. Applicants on F1 and M1 still have to register to full work load studies (with few exceptions).

1 comment:

  1. Hi guys,
    I need some help.. My cousin sis is on h1b working in US. However, her daughter is in her home country.. Her daughter (h4 stamped) was supposed to join her next month or so.
    Now, due to her role change her employer is applying for the amendment. I want to know, if she files for amendments, how will it affect her daughter's entry to US? Does her daughter have to go to the consulate again to get her h4 visa stamped again or something? Please help..

    ReplyDelete

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